ADMINISTRATION FOR

.4 CHILDREN 

Of?ce of Refugee Resettlement 370 L'Enfant Promenade. S.W., Washington, DC 20447


DATE: May 4, 2016
TO: Robert Carey, Director, ORR
FROM: Jallyn Sualog, Director, Division of Children?s Services, ORR

THROUGH: Bobbie Gregg, Deputy Director, ORR

SUBJECT: DECISION REQUIRED- Waiver Request - Interim Final Rule 411.16(a) Personnel
Civil and Administrative Adjudications Checks for Emergency Care Provider staff at
Homestead Job Corps.

Background

The Of?ce of Refugee Resettlement (ORR) is opening a temporary in?ux care facility at the Department
of Labor?s Homestead Job Corps site, in Homestead, Florida. At this time, operations are expected to
begin June 1, 2016 and will continue as needed.

Contractor personnel that will provide direct care and supervision to UC at Homestead will receive a
background investigation in order to meet security requirements under Interim Final Rule (IFR)
for Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving
Unaccompanied Children.

Issue

There are certain background checks, beyond criminal checks, required under section 411.16(a) which are
impracticable or impossible to complete due to circumstances beyond control. Speci?cally, the
IFR requires at 41 1.16(a) that:

?Care provider facilities are prohibited from hiring or promoting any individual who may have
contact with UCs and must not enlist the services of any contractor or volunteer who may have
contact with UCs and who engaged in: sexual abuse in a prison, jail, holding facility, community
con?nement facility, juvenile facility, other institution, or care provider facility; who was
convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or
implied threats of force, or coercion, or if the victim did not consent or was unable to consent or
refuse; or who was civilly 0r administratively adjudicated to have engaged in such activity
[emphasis added].?

The last sentence of 411 .l6(a) referring to prohibitions on hiring anyone who was ?civilly or
administratively adjudicated to have engaged in [sexual effectively requires a child abuse and
neglect checks be performed for all staff with direct contact with UC.

The State of Florida Department of Children and Families has relayed (see Appendix A) to the in?ux care
facility?s staf?ng contractor, who has requested checks for staff that Florida State Statute 39.201(6)
states, that information contained in Florida's abuse hotline may not be used for employment screening
except as provided in sections 39.202(a) and Those sections limit the use of the hotline for

employment screening to speci?ed States and county agencies in Florida, as well as authorized agents and
contract providers of those agencies. Therefore, Deputy General Counsel, John M. Jackson has denied the
request for CNN checks for Homestead employees.

IFR Section 411.10(c) allows the ORR Director the authority to waive or modify requirements covered by
the for an emergency care provider facility for good cause.

?The Director [of however, may, using unreviewable discretion, waive or modify speci?c
sections for a particular emergency care provider facility for good cause. Good cause would only
be found in cases where the temporary nature of the emergency care provider facility makes
compliance with the provision impracticable or impossible, and the Director determines that the
emergency care provider facility could not, without substantial dif?culty, meet the provision in
the absence of the waiver or modi?cation.?

The Florida statute prevents the emergency care provider from compliance with the CNN check required
under All staff that with direct contact with UC will have a completed criminal background
check prior to being hired. A clear criminal and ?ngerprint check is a condition of employment and
anyone with a ?nding on their background check will not be allowed to work at Homestead.

The Division of Children Services requests that the check required is waived for contractor staff at
the temporary in?ux site in Homestead, FL.

Decision

I approve a waiver of the civil and administrative checks required under IFR 411.16(a) utilizing my
authority under IFR 41 

Approve Denied

Robert Carey

Director
Of?ce of Refugee Resettlement

Administration for Children Families Office of Refugee Resettlement
370 L?Enfant Promenade. S.W., Washington, DC. 20447